WHEREAS, the Board of Commissioners of the Town of West New York has determined that it is in the best interest of the Town to reorganize the Police Department; and
WHEREAS, this reorganization will place the day-to-day operations of the department in the hands of professional law enforcement personnel yet maintain civilian control of the department and will promote efficiency and economy while providing increased protection to the public:
N.J.S.A. 40A:14-118 provides that the governing body of any municipality, by ordinance, may create and establish as an executive and enforcement function in municipal government a police force and provide for the maintenance, regulation and control thereof; provide for a line of authority relating to the police function; provide for the adoption and promulgation of rules and regulations by the governing body for the force and the discipline of the members of the Police Department; and provide for the appointment of officers and personnel as shall be deemed necessary; determine their terms of office; fix their compensation; and prescribe their powers, functions and duties.
[Amended 4-17-2002 by Ord. No. 9/02; 4-15-2009 by Ord. No. 8/09[1]; 10-21-2009 by Ord. No. 27/09[2]; 6-16-2010 by Ord. No. 12/10; 7-18-2012 by Ord. No. 21/12; 7-21-2016 by Ord. No. 13/16; 10-16-2024 by Ord. No. 34/24]
A. 
There is hereby created in and for the Town of West New York a Police Department, which shall consist of a Director of Public Safety, or an Assistant Director of Public Safety, and such other members and officers as shall be deemed necessary by the Commissioner of the Department of Public Safety. The Commissioner of the Department of Public Safety shall, from time to time, determine the number of persons, including temporary officers and members in an emergency, to be appointed to these positions, together with their compensation, pursuant to law.
B. 
Composition of Police Department.
(1) 
The Police Department of the Town of West New York shall be organized according to below mentioned table of organization when a number is sufficient to meet the needs, goals and objectives of the Police Department at any given time, in accordance with the New Jersey Department of Personnel Rules and Regulations. There shall be a review of the West New York Police Department Table of Organization, at least once every year, by the Commissioner of Public Safety, Director of Public Safety, and Town Counsel to ensure that it meets the needs of the Town, its residents, businesses, and visitors, and is in compliance with all relevant statutes and judicial decisions. Failure to conduct such a review shall not render this section invalid.
(2) 
The Police Department may consist of Director of Public Safety, Assistant Director of Public Safety, Police Captains, Police Lieutenants, Police Sergeants, and police officers, all of whom may hold the position of detective, as deemed necessary and proper by the Director of Public Safety.
(a) 
Terms. All members of the Department, except for the Director of Public Safety and Assistant Director of Public Safety, if so designated, shall serve terms as provided for under the laws of the State of New Jersey, including the Civil Service Act,[3] the regulations of the Civil Service Commission, and the ordinances of the Town of West New York. The terms of the Director of Public Safety and Assistant Director of Public Safety, if so designated, shall not exceed three years from appointment and may be renewed.
[3]
Editor's Note: See N.J.S.A. 11A:1-1 et seq.
(b) 
Duties. All members of the Department shall have those duties as provided for under the laws of the State of New Jersey, including the Civil Service Act,[4] the regulations of the Civil Service Commission, and the ordinances of the Town of West New York, as may be applicable, and those duties assigned through the appropriate chain of command.
[4]
Editor's Note: See N.J.S.A. 11A:1-1 et seq.
(3) 
In addition, civilian employees, including but not limited to mechanics, laborers, telephone operators, clerks, computer personnel, police dispatchers, school traffic guards and special police officers (sworn and nonsworn officers), may be hired at the discretion of the Commissioner of the Department of Public Safety.
[1]
Editor’s Note: This ordinance changed the title of Director of the Department of Public Safety or Director of Public Safety to Commissioner of the Department of Public Safety and provided that all references to the former titles in all other ordinances shall be understood to refer to the Commissioner of the Department of Public Safety; and changed the title of Deputy Director of Public Safety or Deputy Director to Director of Public Safety and provided that all references to the former titles in all other ordinances shall be understood to refer to the Director of Public Safety. It also provided that all references to Chief of Police in all other ordinances shall be understood to refer to the Director of Public Safety.
[2]
Editor’s Note: This ordinance also provided that all references in the Code to the Deputy Chief of Police shall be read and understood to refer to the Director of Public Safety.
[Amended 4-15-2009 by Ord. No. 8/09[1]]
A. 
The Director of Public Safety shall be the head of the police force. He/she shall be directly responsible to the Commissioner of the Department of Public Safety for the efficiency and routine day-to-day operations thereof. The Director of Public Safety shall have, pursuant to policies established by the Commissioner of the Department of Public Safety, the authority to:
(1) 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.
(2) 
Have, exercise, and discharge the functions, powers, and duties of the force.
(3) 
Prescribe the duties and assignments of all subordinates and other personnel.
(4) 
Delegate such of his authority, as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision.
(5) 
Faithfully and promptly obey and cause all personnel of the Police Department under him/her to obey all rules, regulations, and orders.
(6) 
In case of riot, insurrection or threatening thereof, take command of the Police Department in person and direct its movements and operations and discharge of its respective duties.
(7) 
Be responsible for the investigation and adjudication of all complaints concerning performance of service or duties performed by the members of the Department.
(8) 
Maintain a constructive relationship with the media and the public.
(9) 
Be responsible for the maintenance of a daily police attendance record in which each member shall record his/her rank and time of reporting and leaving duty, complaints and matters pertaining to the Police Department.
(10) 
Report at least weekly to the Commissioner of the Department of Public Safety in such form as shall be prescribed by such Commissioner of the Department of Public Safety on the operation of the force during the preceding week and make such other reports as may be requested by the Commissioner of the Department of Public Safety.
B. 
The Commissioner of the Department of Public Safety shall designate an Assistant Director of Public Safety to perform the duties of the Director of Public Safety, only in the absence of the Director of Public Safety or upon vacancy in the position of the Director of Public Safety.
[Amended 1-29-2020 by Ord. No. 1/20]
C. 
The Commissioner of the Department of Public Safety with the recommendation of the Director of Public Safety shall, from time to time, adopt rules and regulations for the government of the Police Department and fix and enforce penalties for violations of such rules and regulations.
D. 
In the absence of the Director of Public Safety and Assistant Director of Public Safety, one or more Deputy Police Chiefs, if appointed, shall perform the duties of the Director of Public Safety under the supervision of the Commissioner of the Department of Public Safety.
[Added 1-29-2020 by Ord. No. 1/20]
[1]
Editor’s Note: This ordinance changed the title of Director of the Department of Public Safety or Director of Public Safety to Commissioner of the Department of Public Safety and provided that all references to the former titles in all other ordinances shall be understood to refer to the Commissioner of the Department of Public Safety; and changed the title of Deputy Director of Public Safety or Deputy Director to Director of Public Safety and provided that all references to the former titles in all other ordinances shall be understood to refer to the Director of Public Safety. It also provided that all references to Chief of Police in all other ordinances shall be understood to refer to the Director of Public Safety.
A. 
Qualifications.
(1) 
Qualifications for Director of Public Safety and every other member of the Police Department are set forth in N.J.S.A 40A:14-122, as amended, and by the New Jersey Department of Personnel.
[Amended 4-15-2009 by Ord. No. 8/09]
(2) 
The age limitations for police officers are set forth in N.J.S.A. 40A:14-127, as amended and interpreted. No officer shall be appointed who is either under 18 or over 35 years of age unless that appointment is permitted through an exception set forth in the New Jersey statutes.
B. 
Oath of office. Each member of the Police Department, before entering upon the performance of his/her office and shall file such oath or affirmation with the Clerk of the Town of West New York and shall sign the police register where applicable.
Duties of the Police Department shall be as follows:
A. 
Preserve the public peace, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Town of West New York, suppress riots, mobs and insurrections, disperse unlawful and dangerous assemblages and preserve order at all elections, public meetings and assemblages.
B. 
Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of streets by vehicles and persons, and to make rules and regulations not inconsistent with the charter, ordinances and general laws for such purposes.
C. 
Remove all nuisances from the public streets, parks and other public places; inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit.
D. 
Provide proper police attendance and protection at fires.
E. 
Enforce the laws and ordinances in effect within the Town of West New York and prevent the violation of them by any person; apprehend and arrest all persons legally charged with violations of any law or ordinance.
F. 
Provide for the attendance of its police officers or civilian employees in court as necessary for the prosecution and trial of persons charged with crimes and other violations of the law and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.
G. 
Operate a training program to maintain and improve police.
[Amended 4-15-2009 by Ord. No. 8/09]
No member of the Police Department shall be suspended, removed, fined or reduced in rank for any cause and in any manner except in accordance with N.J.S.A. 40A:14-147 et seq., as amended, and the rules and regulations of the New Jersey Department of Personnel. However, the Town reserves the right to discipline employees in matters other than those covered by the aforementioned statutes, rules and regulations, as the Commissioner of the Department of Public Safety or his designee may so see fit.
[Amended 4-15-2009 by Ord. No. 8/09]
Pursuant to N.J.S.A. 40A:14-118, the Commissioner of the Department of Public Safety is hereby designated as the "appropriate authority" for purposes of this provision of the Code and pursuant to statute.
[Amended 4-15-2009 by Ord. No. 8/09]
The Commissioner of the Department of Public Safety may appoint from time to time special law enforcement officers in accordance with New Jersey statutes for terms not exceeding one year. These officers shall possess and exercise all the powers and duties provided by said statutes during their terms of office, but shall not be continued as regular members of the Police Department and shall not be entitled to tenure. The Director of Public Safety may authorize special law enforcement officers when on duty to exercise the same powers and duties as regular members of the Police Department, including the carrying of firearms and the power of arrest, provided that the officers are qualified to do so pursuant to N.J.S.A. 40A:14-146.8 et seq., as amended.